HomeMy WebLinkAbout10 06 08_Babcock Meadows Lot 70 Minor Subdivision Preliminary Plat
Commission Memorandum
TO: Honorable Mayor and City Commission
FROM: Allyson C. Bristor, Associate Planner
SUBJECT: Lot 70 Babcock Meadows Minor Subdivision Preliminary Plat #P-08010
MEETING DATE: Monday, October 6, 2008
RECOMMENDATION: That the City Commission conditionally approves the Lot 70
Babcock Meadows Minor Subdivision Preliminary Plat application (#P-08010), based on the
Planning Board’s recommendation of conditional approval, with the conditions listed on Page 2
of Planning Board Resolution #P-08010.
BACKGROUND: Property owners Mountain High Homes, LLC, c/o Dan Barnes, and City of
Bozeman c/o Debbie Arkell, and representative C&H Engineering and Surveying, Inc, submitted
a Subdivision Preliminary Plat Application #P-08010, a Second or Subsequent Minor
Subdivision from a Tract of Record to divide 0.96 acres into two residential lots. The subject
property is generally located at 3104 West Babcock Street on land described as Lot 70, Babcock
Meadows Subdivision, Phase 2A, SW ¼ Sec. 11, Township 2S, Range 5E, of PMM, City of
Bozeman, Gallatin County, Montana.
At their September 16, 2008 public hearing, the City of Bozeman Planning Board voted eight in
favor and zero against to forward a recommendation of conditional approval to the City
Commission, subject to three conditions.
UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues
for the subdivision at this time.
FISCAL EFFECTS: The Department of Planning is not aware of any fiscal effects for the
subdivision at this time.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Allyson Bristor at abristor@bozeman.net if you have any questions
prior to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
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PLANNING BOARD AND CITY COMMISSION STAFF REPORT
LOT 70 BABCOCK MEADOWS MINOR SUBDIVISION FILE #P-08010
Lot 70 Babcock Meadows Minor Subdivision Staff Report (#P-08010) 1
Item: Subdivision Preliminary Plat Application #P-08010, a Second or Subsequent
Minor Subdivision from a Tract of Record to divide approximately 0.96
acres (41,656 square feet) into two residential lots. The subject property is
generally located at the southwest corner of the West Babcock Avenue and
Donna Way intersection, and is legally described as Lot 70, Babcock
Meadows Subdivision, Phase 2A, City of Bozeman, Gallatin County,
Montana, and is zoned as R-3 (Residential Medium Density District).
Property Owners/
Applicants: Mountain High Homes, LLC
c/o Dan Barnes
2285 Virginia City Ct.
Bozeman, MT 59715
City of Bozeman
c/o Debbie Arkell
PO Box 1230
Bozeman, MT 59771
Representative: C & H Engineering and Surveying, Inc.
1091 Stoneridge Drive
Bozeman, MT 59718
Date/Time: Before the Bozeman Planning Board on Tuesday, September 16, 2008 at 7:00
p.m. in the Community Room, Gallatin County Courthouse, 311 West Main
Street, Bozeman, Montana.
Before the Bozeman City Commission on Monday, October 6, 2008 at 6:00
p.m. in the Community Room, Gallatin County Courthouse, 311 West Main
Street, Bozeman, Montana.
Report By: Allyson C. Bristor, Associate Planner
Recommendation: Conditional Approval
____________________________________________________________________________________
PROJECT LOCATION
The property is generally located at the southwest corner of the intersection of West Babcock Avenue
and Donna Way, and is legally described as Lot 70, Babcock Meadows Subdivision, Phase 2A, City of
Bozeman, Gallatin County, Montana. Please refer to the vicinity map provided on the following page.
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PROPOSAL
Property owners and applicants Mountain High Homes LLC and the City Bozeman, represented by C &
H Engineering and Surveying, Inc., made application for a Second or Subsequent Minor Subdivision
from a Tract of Record to subdivide one residential lot into two residential lots. The northern half of the
subject property is currently occupied by a single-household residence with the address 3104 West
Babcock Avenue. The southern half of the subject property is currently under construction with a
condominium development, planned to include two buildings with four dwelling units in each building
(addresses to be determined at a later date). As indicated by representative, this subdivision would
create two lots that can permit residential development on the property, as permitted in R-3 (Residential
Medium Density District).
ZONING DESIGNATION & LAND USES
The subject property is zoned R-3 (Residential Medium Density District). The intent of the R-3 district
is to provide for the development of one- to five-household residential structures near service facilities
within the City. It should provide for a variety of housing types to serve the varied needs of households
of different size, age and character, while reducing the adverse effect of nonresidential uses. The
following land uses and zoning are adjacent to the subject property:
North: Residentially developed, zoned R-2 (Residential Two-Household, Medium Density
District).
South: Residentially developed, zoned R-2.
East: Residentially developed, zoned R-3.
West: Residentially developed, zoned R-2.
Lot 70 Babcock Meadows Minor Subdivision Staff Report (#P-08010) 2436
Lot 70 Babcock Meadows Minor Subdivision Staff Report (#P-08010) 3
ADOPTED GROWTH POLICY DESIGNATION
The development proposal is in general conformance with the Bozeman 2020 Community Plan
including the “Residential” land use designation. This category designates places where the primary
activity is urban density living quarters. Other uses which complement residences are also acceptable
such as parks, low intensity home based occupations, fire stations, churches, and schools. The dwelling
unit density expected within this classification varies. Medium density areas should have an average
minimum density of twelve units per net acre. A variety of housing types should be blended to achieve
the desired density with large areas of single type housing being discouraged. All residential housing
should be arranged with consideration given to the existing character of adjacent development, any
natural constraints such as steep slopes, and in a fashion which advances the overall goals of the
Bozeman 2020 Community Plan. All property adjacent to the subject property is designated residential.
PRELIMINARY PLAT SUPPLEMENTS
The representative requested waivers from all materials required by Section 18.78.060, “Additional
Subdivision Preliminary Plat Supplements,” of the Unified Development Ordinance with the pre-
application review. The Development Review Committee (DRC) granted the requested waivers at the
first week of the preliminary plat application review.
STAFF FINDINGS & REVIEW CRITERIA
The basis for the City Commission’s decision to approve, conditionally approve or deny the subdivision
shall be whether the preliminary plat, Planning Board advise and recommendation, and additional
information demonstrates that development of the subdivision complies with the Unified Development
Ordinance, the City’s growth policy, the Montana Subdivision and Platting Act and other adopted state
and local ordinances. The Montana Subdivision and Platting Act established six primary review criteria,
which the governing body must also consider when evaluating subdivisions. Planning staff, the DRC,
and other reviewing agencies have made comments in relation to those and other criteria as described
below, and have recommended conditions as outlined in this staff report.
A. Primary Review Criteria
1. Effects on Agriculture
The area was platted and subdivided several years ago with the Babcock Meadows
subdivision, and does not support agricultural uses.
2. Effects on Agricultural Water User Facilities
No effects on agricultural water user facilities are identified.
3. Effects on Local Services
Water/Sewer. As conditioned by Engineering Staff, new water and sewer services must
be provided to the south lot. The services shall be installed or financially guaranteed
prior to final plat approval. Though the condominium development includes new water
and sewer services, the condition is still required by Engineering.
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Lot 70 Babcock Meadows Minor Subdivision Staff Report (#P-08010) 4
Police/Fire. The property is well within the City’s Police and Fire emergency response
area.
Streets. When the southern, triangular portion of open space owned by the City of
Bozeman is included in the south lot property perimeters, Planning Staff finds the
proposed south lot to have legal and physical access on Donna Way and the proposed
north lot to have legal and physical access on West Babcock Avenue.
Stormwater. Stormwater facilities are included in the northern portion of the open space
area along Donna Way. They were still found as adequate in size with the proposed
reduction of area. All future changes to stormwater facilities on site will be required to
meet City design standards and will require the approval of the City Engineering office.
Parks. Parkland dedication was handled with the original Babcock Meadows subdivision
application.
Utilities. There are existing power, cable and phone utilities on the subject property and
proposed utilities for the condominium development. Necessary easements were
provided during the site plan review process of the condominiums.
4. Effects on the Natural Environment
The existing weed plan, as approved through the original subdivision, is found to be
acceptable.
5. Effects on Wildlife and Wildlife Habitat
There is no adverse impact on wildlife and wildlife habitat. The subject property has
been developed for some time.
6. Effects on Public Health and Safety
The intent of the regulations in the Unified Development Ordinance is to protect the
public health, safety and general welfare. The subdivision has been reviewed and
determined to be in general compliance with the title. Any other conditions deemed
necessary to ensure compliance have been noted throughout this staff report.
B. Compliance with the survey requirements provided for in Part 4 of the Montana
Subdivision and Platting Act.
The property in question has been surveyed and platted in conformance with the Montana
Subdivision and Platting Act and filed as a preliminary plat in accordance with the state statute
and the Bozeman Municipal Code.
C. Compliance with the Bozeman Unified Development Ordinance.
The following requirements are standards of the Unified Development Ordinance and shall be
addressed with the final plat submittal:
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Lot 70 Babcock Meadows Minor Subdivision Staff Report (#P-08010) 5
• The final plat shall include utility easements in compliance with Section 18.42.060.B.
• Pursuant to Section 18.42.120, an off-street location for mail delivery will need to be
provided.
• Pursuant to Section 18.48.070.A.2, the developer shall be responsible at the time of initial
development for installing vegetative ground cover, boulevard trees and an irrigation
system in the public right-of-way boulevard strips along all external perimeter
development streets and adjacent to public parks or other open space areas. Municipal
water shall be used for irrigation if a well permit cannot be obtained for irrigation.
• Pursuant to Section 18.48.070.B, a developer shall be responsible for irrigating and
maintaining landscaping along external streets and landscaping adjacent to parks or other
opens space areas until 50 percent of the lots are sold. Thereafter, the property owners
association shall be responsible for maintaining and irrigating these landscaped areas.
The property owners association may with the City’s approval establish an improvement
district to collect assessments to pay for the irrigation and maintenance.
• Pursuant to Section 18.50.090, executed waivers of right to protest the creation of special
improvement districts (SIDs) for a park maintenance district will be required to be filed
and of record with the Gallatin County Clerk and Recorder.
• A final copy of the covenants, restrictions, and articles of incorporation shall be
submitted with the final plat application for review and approval by the Planning
Department and shall contain, but not be limited to, provisions for assessment,
maintenance, repair and upkeep of common open space areas, public parkland/open space
corridors, stormwater facilities, public trails and pathways, snow removal, and other areas
common to the association pursuant to Chapter 18.72 of the Bozeman Unified
Development Ordinance.
• The final plat shall conform to all requirements of the Bozeman Unified Development
Ordinance and the Uniform Standards for Final Subdivision Plats and shall be
accompanied by all required documents, including certification from the City Engineer
that as-built drawings for public improvements were received, a platting certificate, and
all required and correct certificates. The final plat application shall include four (4)
signed reproducible copies on a 3 mil or heavier stable base polyester film (or
equivalent); two (2) digital copies on a double-sided, high density 3-1/2" floppy disk; and
five (5) paper prints.
• Pursuant to Section 18.06.040.D.6, conditional approval of the preliminary plat shall be
in force for not more than one calendar year. Prior to that expiration date, the developer
may submit a letter of request for the extension of the period to the Planning Director for
the City Commission’s consideration. The City Commission may, at the written request
of the developer, extend its approval for no more than one calendar year, except that the
City Commission may extend its approval for a period of more than one year if that
approval period is included as a specific condition of a written subdivision improvements
agreement between the City Commission and the developer, provided for in §18.74.060,
BMC.
• Pursuant to Section 18.74.030.B, if it is the developer’s intent to file the final plat prior to
installation, certification, and acceptance of all required improvements by the City of
Bozeman, an Improvements Agreement shall be entered into with the City of Bozeman
guaranteeing the completion of all improvements in accordance with the Preliminary Plat
submittal information and conditions of approval. If the final plat is filed prior to the
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Lot 70 Babcock Meadows Minor Subdivision Staff Report (#P-08010) 6
installation of all improvements, the developer shall supply the City of Bozeman with an
acceptable method of security equal to 150 percent of the cost of the remaining
improvements.
• Pursuant to Section 18.06.060, the applicant shall submit with the application for final
plat review and approval, a written narrative stating how each of the conditions of
preliminary plat approval has been satisfactorily addressed, and specifically (tab, page,
paragraph, etc.) where this information can be found.
• Pursuant to Section 18.78.050, the applicant shall submit a revised property title that
reflects all property affected by the minor subdivision.
D. Compliance with the required subdivision review process.
A subdivision preapplication was submitted on February 13, 2008. The pre-application was
reviewed by the Development Review Committee (DRC) on April 16, 23, and 30, 2008. During
the DRC review, it was found that the proposal is creating a “flag” lot, which doesn’t provide
public street frontage, and is unsupportable. Staff made the suggestion to apply for a boundary
re-alignment Subdivision Exemption, which would provide public street frontage along Donna
Way by taking a small portion of the existing open space at the southeast corner of the lot.
A preliminary plat application was completely received on August 22, 2008. The preliminary
plat was different than the pre-application submittal because it included a 26-foot wide strip of
property in the southern portion of the open space area owned by the City of Bozeman. The
representative made the argument that said strip of land met the legal requirement of frontage,
but Planning Staff disagreed. The preliminary plat application was found as unacceptable for
initial review. The reasons for this determination are listed below:
1. The City of Bozeman is an affected property owner with this preliminary plat application.
No City signature was received or included with the application submittal.
2. The proposal fails to meet Section 18.42.030.a of the Unified Development Ordinance,
because it creates a lot design with an irregular and flag shape. Lot designs with irregular
shapes, narrow necks, points and flag shapes shall be permitted only when the developer
can demonstrate that the proposed lot designs are necessary due to topography or other
physical constraints.
3. A variance request is required to allow a driveway access to be located within a required
side yard setback, as stated in Section 18.44.090.E.2 of the Unified Development
Ordinance.
After further discussions with the property owner and representative, as well as the City’s
Director of Public Services, Debbie Arkell, Planning Staff determined that if the entire southern,
triangular portion of the open space was included in the proposed south lot, adequate frontage
and access on Donna Way is supplied to the lot. The preliminary plat application materials were
revised and submitted to show such an arrangement, and deemed complete and acceptable for
initial review by Planning Staff on September 3, 2008. The preliminary plat was reviewed by the
DRC on September 3 and 10, 2008. On the final week of DRC review, a favorable
recommendation was forwarded for consideration by the Planning Board and City Commission.
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Lot 70 Babcock Meadows Minor Subdivision Staff Report (#P-08010) 7
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
September 14, 2008. The site was posted with a public notice on September 12, 2008. Finally,
notice was sent to adjacent property owners via certified mail, and to all other property owners of
record within 200 feet of the subject property via first class mail, on September 12, 2008. At the
time of this report, no public comment was received at the Department of Planning &
Community Development in regards to this project.
On September 11, 2008, the minor subdivision staff report was drafted and forwarded with a
recommendation of conditional approval to the Planning Board for consideration at their
September 16, 2008 public hearing. The City Commission will make a final decision at their
September 16, 2008 public hearing. Final decision for a Second or Subsequent Minor
Subdivision from a Tract of Record Preliminary Plat must be made within 60 working days of
the date it was deemed complete or in this case by December 1, 2008.
E. Provision of easements for the location and installation of any planned utilities.
A 15-foot utility easement currently exists along the western perimeter of the property. A public
access easement also exists for the drive access off Donna Way, which accesses the
condominium development.
F. Provision of legal and physical access to each parcel.
When the southern, triangular portion of open space owned by the City of Bozeman is included
in the south lot property perimeters, Planning Staff finds the proposed south lot to have legal and
physical access on Donna Way and the proposed north lot to have legal and physical access on
West Babcock Avenue.
PUBLIC COMMENT
No public comment was received by the Department of Planning & Community Development in regards
to this application. Any public comment received after the date of this report will be distributed at the
Planning Board or City Commission public hearings.
RECOMMENDED CONDITIONS OF APPROVAL
The recommended conditions of approval do not include code requirements identified in the staff
findings. Mandatory compliance with the explicit terms of the Unified Development Ordinance does
not constitute conditions of approval. The conditions of approval may require compliance with more
than the minimum standards in order to conform to the physical and economic development of the City,
and to the safety and general welfare of the future lot owners and of the community at large. The
applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to this
project.
Planning Staff and the Development Review Committee (DRC) find that the application, with
conditions, is in general compliance with the adopted Growth Policy, the Montana Subdivision and
Platting Act and the Unified Development Ordinance. The Planning Board may provide advice and
comments on the following recommended condition of approval:
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Lot 70 Babcock Meadows Minor Subdivision Staff Report (#P-08010) 8
Conditions of Approval
1. Prior to final plat submittal, the property owner and representative shall obtain City Commission
approval of the transfer/exchange of the open space property owned by the City of Bozeman.
The request can be placed on the same agenda as the preliminary plat City Commission hearing,
likely as the item directly before or after the preliminary plat.
2. The final plat shall comply with the standards identified and referenced in the Unified
Development Ordinance. The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as conditions of approval, does not, in any way, create a
waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state
law.
3. New water and sewer services must be provided to the south lot. The services shall be installed
or financially guaranteed prior to final plat approval.
CONCLUSION/RECOMMENDATION
Pursuant to Section 18.06.040.D of the Unified Development Ordinance, the Planning Board shall
review the preliminary plat and supplementary information to determine if the proposed plat is in
compliance or noncompliance with the adopted growth policy. The Planning Board shall act to
recommend approval, conditional approval or denial of the preliminary plat application. The Board
shall then provide advice and comments to the Bozeman City Commission for its consideration at its
Monday, October 6, 2008 public hearing which begins at 6:00 p.m. The Planning Board Resolution #P-
08010 and minutes from the Planning Board’s September 16, 2008 public hearing will be forwarded to
the City Commission and become a part of the Commission’s record.
THE BOZEMAN PLANNING BOARD WILL MAKE A RECOMMENDATION TO THE
BOZEMAN CITY COMMISSION. THE CITY COMMISSION SHALL MAKE THE FINAL
DECISION ON THIS APPLICATION. THE DECISION OF THE CITY COMMISSION MAY
BE APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN SECTION 18.66 OF THE
UNIFIED DEVELOPMENT ORDINANCE.
Encl: Representative’s revised preliminary plat submittal materials
Planning Board minutes from September 16, 2008 public hearing
CC: Mountain High Homes LLC, c/o Dan Barnes, 2285 Virginia City Ct., Bozeman, MT 59715
City of Bozeman, c/o Debbie Arkell, PO Box 1230, Bozeman, MT 59771
C & H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718
File
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MINUTES
CITY OF BOZEMAN PLANNING BOARD
COMMUNITY ROOM, GALLATIN COUNTY COURTHOUSE
TUESDAY, SEPTEMBER 16, 2008
ITEM 1. CALL TO ORDER AND ATTENDANCE
President JP Pomnichowski called the regular meeting of the Planning Board to order at 7:03
p.m. and directed the secretary to take attendance.
Members Present:
JP Pomnichowski, President
Erik Henyon
Donna Swarthout
Chris Mehl
Dawn Smith
Sean Becker
Brain Caldwell
Cathy Costakis
Members Absent:
Bill Quinn (excused)
Staff Present:
Chris Saunders, Assistant Director of
Planning
Allyson Bristor, Associate Planner
Shoni Dykstra, Planning Secretary
Guests Present:
Lucille Pope
Kathie Callahan
Susan Kozub
Rosemary Bourne
David Peck
ITEM 2. PUBLIC COMMENT (0-15 MINUTES)
{Limited to any public matter within the jurisdiction of the Planning Board and
not scheduled on this agenda. Three-minute time limit per speaker.}
Kathie Callahan, 702 Bridger Drive, presented an overview of the letter sent to Planning Board
members from Alliance for Building Communities. She noted they appreciated the solutions
suggested by the Work Force Housing Task Force and recommended utilizing the model to
explore home ownership solutions. She noted they would also like the growth policy to identify
manufactured housing as an important component of the affordable housing stock. She also
suggested the growth policy promote affordable community models such as housing
cooperatives, land trusts, non-profit governance models, or non-traditional neighborhood
designs.
Donna Swarthout thanked the Alliance for Building Communities for submitting the document,
and noted her support of the recommended goals and objectives provided regarding chapter 5.
Chris Mehl noted he would prefer to discuss the revisions in conjunction with the draft chapter.
Erik Henyon sought clarification on the word usage of development rather than construction.
Lucy Pope responded construction often has the connotation of stick built houses. President
Pomnichowski noted she appreciated the suggestions presented and thanked the Alliance for
Building Communities for their efforts.
Seeing no further public comment, President Pomnichowski closed this portion of the meeting.
City of Bozeman Planning Board Minutes of September 16, 2008.
1
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ITEM 3. MINUTES OF SEPTEMBER 3, 2008.
Seeing there were no changes, additions or corrections to the minutes, President Pomnichowski
stated that the minutes from September 3, 2008 would stand as written.
ITEM 4. PROJECT REVIEW
1. Subdivision Preliminary Plat Application #P-08010 (Lot 70 Babcock Meadows
MiSub) - A Minor Subdivision Preliminary Plat Application on behalf of the
property owners, Mountain High Homes, Inc. and the City of Bozeman, and the
representative, C & H Engineering and Surveying, Inc, to allow subdivision of
0.96 acres into two lots for R-3 (Residential Medium Density District)
development. The property is legally described as Lot 70, Babcock Meadows
Sub, Phase 2A, SW4, Sec. 11, T.2S., R.5E., P.M.M., City of Bozeman, Gallatin
County, Montana. (Bristor)
Staff Report
Allyson Bristor, Associate Planner, presented the staff report on Lot 70, Babcock Meadows
minor subdivision preliminary plat application. She noted that it is generally located at the
southwest corner of the intersection of West Babcock Avenue and Donna Way. She noted it was
a second or subsequent minor subdivision to divide approximately .96 acres into two residential
R-3 (Residential Medium Density District) lots. She noted the growth policy land use
designation is residential. She stated the City owns a portion of the development along Donna
Way which the owner is in the process of developing a purchase agreement with Debbie Arkell,
Director of Public Service, in order to meet access and frontage requirements. She stated no
public or agency comment had been received to date.
Questions for Staff
Brian Caldwell sought clarification on the frontage requirement not being met through open
space. Planner Bristor responded the tract was a drainage requirement and was not designated as
either open space or parkland. Chris Saunders, Assistant Director of Planning, added the
requirement Mr. Caldwell was referencing also required alley access which this particular
property did not have.
Mr. Mehl sought clarification on the size of the City-owned parcel being transferred. Planner
Bristor noted the arrangements were being made with Ms. Arkell and she did not know the exact
size of the parcel. Mr. Mehl sought clarification on the precedent for situations like these.
Planner Saunders responded the parcel owned by the City was the result of a ten-year-old
argument which the City would have liked to have resolved 10 years ago, and as a result was not
likely to set precedent. President Pomnichowski sought clarification on any variances the project
would need. Planner Bristor noted the required sideyard setback was being addressed with the
land acquisition and no variances were needed. President Pomnichowski sought clarification on
the stormwater mitigation with the land ownership change. Planner Bristor noted engineering
ensures stormwater requirements will still be met even with the transfer of City land. Mr.
City of Bozeman Planning Board Minutes of September 16, 2008.
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444
Henyon sought clarification on what changes would be made if the subdivision was not
approved. Planner Bristor noted no changes would be made with the already approved projects.
The ranch-style house facing Babcock exists and two condominium buildings are currently under
construction through a currently approved site plan application.
Applicant Presentation
Dan Barnes noted the subdivision would allow the exclusion of the existing house in the
condominium covenants, and the applicant had no objection to the recommended conditions.
Questions for Applicant
There were no questions for the applicant.
Public Comment
Seeing there was none, President Pomnichowski closed this portion of the hearing.
Motion and Vote
It was moved by Mr. Henyon, seconded by Mr. Mehl, to approve the preliminary plat of Lot 70
Babcock Meadows Minor Subdivision #P-08010 as conditioned by Staff. Those voting Aye
being Mr. Henyon, Mr. Mehl, Cathy Costakis, Mr. Caldwell, Ms. Swarthout, Dawn Smith, Sean
Becker, and President Pomnichowski. Those voting No being none. The motion carried 8-0.
ITEM 5. BOZEMAN COMMUNITY PLAN UPDATE
1. Selection of a member to participate on the Downtown 2020 Neighborhood Plan.
President Pomnichowski noted Mr. Caldwell and Mr. Henyon had both emailed her regarding
their interest in participating in the creation of the Downtown 2020 Neighborhood Plan. Seeing
no other members expressing interest, she noted the meetings would likely take place on
Tuesdays, Wednesdays, or Thursdays over the lunch hour. Mr. Henyon noted those times would
not work well for him. Mr. Caldwell was selected.
2. Review and discussion of Chapter 17: Review and Amendments
Planner Saunders noted the materials presented are fairly standard and only addresses the review
and amendments to an adopted growth policy. Mr. Henyon stated including a reference to the
location and possibly the abbreviated summation of the reference in the Montana Code
Annotated (MCA) could be helpful within the Chapter. Planner Saunders responded it could be
placed in 17.4. President Pomnichowski responded it could be stated in 17.1. Planner Saunders
responded a reference could fit there as well.
President Pomnichowski sought clarification on how the supermajority vote of the Commission
was established. Planner Saunders responded the Commission had adopted the policy within the
City of Bozeman Planning Board Minutes of September 16, 2008.
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last Update and was not required by the UDO or by the MCA. President Pomnichowski sought
clarification on the definitions within the chapter. Planner Saunders responded the map and the
text within the Land Use Chapter were used as definitions. President Pomnichowski stated the
definitions were circular. Planner Saunders noted he could reference Chapter 7 with the
definitions within Chapter 17. President Pomnichowski noted Chapter 7 was the chapter within
the growth policy most likely to be amended. Mr. Caldwell noted you could make the argument
for an amendment founded out of other portions of the growth policy. Ms. Swarthout noted the
statement regarding the significant alterations could be struck altogether. President
Pomnichowski responded she would like acceptable land use patterns defined. Ms. Smith noted
that rephrasing it in a positive statement rather than a negative statement would be beneficial.
Planner Saunders responded he would work on the wording.
Mr. Caldwell noted the triggers for review was not sufficiently clarified in the update. President
Pomnichowski sought clarification on the availability of a handout in the Planning Office.
Planner Saunders responded Staff had developed a handout regarding Growth Policy Updates
and Amendments. Planner Saunders responded 17.3 should address the questions Mr. Caldwell
had brought up. President Pomnichowski noted the goal RA-1.3 was outside of the five year
review period, and noted her fear of having cumulative reviews of amendments take longer than
stated in the Update. Planner Saunders responded having different small amendments can impact
the whole and so to mitigate the problem the cumulative review was developed. President
Pomnichowski noted more frequent review could be in order. Planner Saunders responded the
timing was a City Commission decision.
3. Review and discussion of Chapter 14: Regional Coordination and Cooperation
Planner Saunders noted addressing coordination and cooperation across the region were required
components of the growth policy. He noted the stand alone chapter regarding the coordination
was a recommendation from the Clarion Report, and shared some of the coordination and
cooperation currently taking place. Mr. Henyon sought clarification on the street and
infrastructure coordination on the federal level was important to include. President
Pomnichowski noted it could be referenced along with MDoT in RCC-2.6. She sought
clarification as to why RCC-1.4 referenced Bozeman specifically instead of the Planning Area.
Planner Saunders responded Bozeman City limits was important in that clause due to
jurisdictional responsibilities such as responding to fire and police calls.
Ms. Swarthout noted the list provided in RCC-2.4 should either be less definitive or be a more
extensive list. She noted a general statement could be to address health, safety, and
environmental issues. Ms. Costakis noted she would like the broader statement utilized. Planner
Saunders noted the list was comprised of areas which had been discussed specifically to date. He
noted the Update could include the list as well as the broader language. Mr. Becker sought
clarification on the interdepartmental efficiencies and coordination such as the County
addressing the mental health department and how that could be included in the Update. He noted
institutionalizing the agreement with the forest service due to the proximity of federal lands and
the location of Bozeman’s watershed was important. Mr. Henyon stated he agreed.
4. Review and discussion of Chapter 4: Historic Preservation – Goals and
City of Bozeman Planning Board Minutes of September 16, 2008.
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Objectives
Planner Bristor noted Staff had developed two goals for the Historic Preservation chapter, the
first focusing on the protection of historic resources and the second focusing on the advocacy
and education of historic resources. Mr. Henyon sought clarification on funding sources and
noted his concern of looking to federal sources as a main funding source. Mr. Mehl noted the
impact the private donor had made on the Library LEED certification. Mr. Henyon noted the
funding sources should include private funding.
Mr. Caldwell noted the establishment of an Architectural Review Committee (ARC) could have
an adverse impact on the Neighborhood Conservation Overlay District (NCOD) as it would be a
volunteer board. Planner Bristor responded Bozeman is unique in the fact that it does not have an
ARC. President Pomnichowski noted the Design Review Board reviewed projects in the
entryway corridors, and sought clarification on the feasibility of DRB reviewing NCOD projects.
Planner Bristor noted DRB review criteria is often not triggered by COA projects, but if review
by the DRB started taking place, she would advocate including an additional member of the
board with a background in historic preservation or architectural history.
President Pomnichowski noted many of the implementation policies seemed like a Staff to-do
list. Planner Saunders responded the Clarion Report suggested an action plan format for the
implementation policies, and some implementation would be carried out by the public while
others would be directed more at Staff. President Pomnichowski noted the language utilized in
the goals was very firm. Planner Saunders noted a time line would also be included with the
goals and ultimately the City Commission determined how hard to work to meet the Growth
Policy. President Pomnichowski noted she did not disagree, but since the growth policy is the
vision document the specific list of implementation policies might belong elsewhere.
Ms. Smith noted commercial properties were not addressed as well as residential. She noted re-
use of commercial buildings would be at odds with preservation at times and addressing the
balance was important. Planner Bristor noted the text should address both residential and
commercial projects. Ms. Swarthout sought clarification on usage of demolition/delay rather
than demolition/affirmative maintenance. Planner Saunders responded demolition could only be
delayed it could not be denied. Affirmative maintenance would promote the upkeep of historic
buildings with punishments applicable if a building is not maintained.
Mr. Henyon noted the provision of staff seemed more like a budget item than an implementation
policy within the Update. Planner Saunders noted level of service standards including staff were
included within the public safety documents, and he noted it did not denote the number of FTEs.
Ms. Swarthout noted the growth policy is the vision document and it denotes areas we place
value. Mr. Becker noted the wording could be changed to emphasize competency and expertise
in historic preservation for Staff of the Planning Department.
President Pomnichowski called for public comment.
Suzan Kozub of Intrinsik Architecture noted she was representing RTR holdings. She noted her
previous presentation of the campus village project southeast of the intersection of Kagy
Boulevard and South 19th Avenue. She noted the UMU district was the key to the previously
City of Bozeman Planning Board Minutes of September 16, 2008.
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presented mixed use development. She noted the given growth policy designation only allowed
for 30% commercial development and noted the mixed use development could fail because of
the inflexibility of the percentages of usages. She noted the burden of the right balance should
fall on the developer, and urged the board to change the designation to allow for a UMU zoned
district.
5. Review and discussion of the Second Draft of the Updated Land Use Map.
Planner Saunders noted the updates to the Land Use Map. He noted the inclusion of the existing
conservation easements, MSU lands, and outlying suburban residential areas such as Tripletree.
He noted the changes to the downtown community core area, North 27th Avenue, and the
commercial node along Fowler and Patterson, and the portion along Patterson and Goldenstein
had been changed from future urban to residential.
Mr. Caldwell noted understanding the new growth policy designations was key to their decision
making as well as the establishment of the basis of percentages. He stated there were a lot of
unknowns at this time. Ms. Swarthout sought clarification on the need for housing in the area
Ms. Kozub had mentioned from the ABC representatives. Ms. Pope responded there was not an
easy answer as affordable housing required pricepoints. Mr. Caldwell responded the
development would be subject to review under the affordable housing ordinance, but the basis of
the percentage was really important.
Ms. Kozub noted she could depict how the basis of the percentage would affect the project, but
she noted the UMU allows for at least 20% commercial use. She clarified the property owner
was not looking at the entire property to be UMU, but only the northern portion of the property.
Mr. Caldwell sought clarification on the ability to utilize a PUD application for the area with the
current growth policy designation to develop the same type of project Ms. Kozub had presented
earlier. He also noted including a list of zoning districts allowable in each growth policy
designation would be helpful to include in the Update. Planner Saunders responded the
fundamental use of the corridor needed to be kept in mind as well. Ms. Smith noted the mixed
use commercial designation was only allotted in two areas and the commercial district did need
to end at some point. Mr. Henyon noted he would be in favor of exploring the changes Ms.
Kozub had brought up.
Ms. Smith noted the letter from Chris Naumann and sought clarification on the extension of the
community core or the creation of another category. President Pomnichowski stated she did not
have a problem extending the district. Planner Saunders responded the edges of districts such as
the community core are always going to be merging. He stated an inclusive plan could be created
with a subarea plan for the downtown area. Mr. Caldwell noted he would like to review how the
changes in the designations affect the area and how it impacts property owners. Planner
Saunders noted the intersection of 11th Avenue and Kagy Boulevard was an area where the
proposed designation was different and a commercial node could also be an option for the area.
ITEM 6. NEW BUSINESS
President Pomnichowski noted she had contacted the water court regarding language for the
City of Bozeman Planning Board Minutes of September 16, 2008.
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City of Bozeman Planning Board Minutes of September 16, 2008.
7
Update. She noted the County Planning Department had invited the planning board to speak to
them about the update process on October 28th. She stated she would also like to see the ABC’s
proposed wording included into the housing chapter. Mr. Mehl stated he appreciated the change
from construction to development. He sought clarification on the singling out of mobile housing.
President Pomnichowski responded the growth policy currently had a paragraph regarding
manufactured housing.
Mr. Mehl noted he would not be at the October 7, 2008 meeting. Mr. Caldwell noted the County
had recently conditioned a project to meet City water and sewer standards, and noted wording or
encouragement of similar conditions should be included in the Update.
Ms. Costakis stated she would develop a presentation regarding her tour of the Northwest if
Board members would like. It was agreed that she should present on October 21, 2008.
ITEM 7. ADJOURNMENT
Seeing there were no further issues before the Board, President Pomnichowski adjourned the
meeting at 9:37 p.m.
__________________________________ __________________________________
JP Pomnichowski, President Chris Saunders, Assistant Director
Planning Board Planning & Community Development
City of Bozeman City of Bozeman
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Lot 70 Babcock Meadows Minor Subdivision
1
RESOLUTION #P-08010
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A
MINOR SUBDIVISION PRELIMINARY PLAT APPLICATION FOR THE
SUBDIVISION OF 0.96 ACRES INTO TWO RESIDENTIAL LOTS. THE PROPERTY IS ZONED R-3 (RESIDENTIAL MEDIUM DENSITY DISTRICT) AND IS LEGALLY DESCRIBED AS LOT 70, BABCOCK MEADOWS SUBDIVISION, PHASE 2A, SW ¼ SEC. 11, TOWNSHIP 2S, RANGE 5E, OF PMM, CITY OF BOZEMAN, GALLATIN
COUNTY, MONTANA., GENERALLY LOCATED 3104 WEST BABCOCK STREET.
WHEREAS, the City of Bozeman has adopted a growth policy pursuant to Section 76-1-
601, M.C.A.; and
WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and
WHEREAS, the property owners and applicants Mountain High Homes, LLC, c/o Dan
Barnes, and City of Bozeman, c/o Debbie Arkell, submitted a Second or Subsequent Minor
Subdivision from a Tract of Record Preliminary Plat Application to divide 0.96 acres into two residential lots generally located at 3104 West Babcock Street on land described as Lot 70,
Babcock Meadows Subdivision, Phase 2A, SW ¼ Sec. 11, Township 2S, Range 5E, of PMM,
City of Bozeman, Gallatin County, Montana; and
WHEREAS, the proposed Second or Subsequent Minor Subdivision from a Tract of Record Preliminary Plat Application has been properly submitted, reviewed, and advertised in
accordance with the procedures of Section 18.04 of the Bozeman Unified Development
Ordinance; and
WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday, September 16, 2008, to review the application and any written public testimony on the request
for said Second or Subsequent Minor Subdivision from a Tract of Record Preliminary Plat
Application; and
WHEREAS, no members of the public spoke at the public hearing; and
WHEREAS, the City of Bozeman Planning Board reviewed the application against the
requirements of the Montana Subdivision and Platting Act, and found that with conditions the
Second or Subsequent Minor Subdivision from a Tract of Record Preliminary Plat Application
would comply with those requirements; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Planning Board,
upon a vote of 8-0, recommends to the Bozeman City Commission that the application to divide
0.96 acres into two residential lots generally located at 3104 West Babcock Street on land
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Lot 70 Babcock Meadows Minor Subdivision
2
described as Lot 70, Babcock Meadows Subdivision, Phase 2A, SW ¼ Sec. 11, Township 2S, Range 5E, of PMM, City of Bozeman, Gallatin County, Montana, be conditionally approved subject to the following conditions:
1. Prior to final plat submittal, the property owner and representative shall obtain City
Commission approval of the transfer/exchange of the open space property owned by the
City of Bozeman. The request can be placed on the same agenda as the preliminary plat City Commission hearing, likely as the item directly before or after the preliminary plat.
2. The final plat shall comply with the standards identified and referenced in the Unified
Development Ordinance. The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
3. New water and sewer services must be provided to the south lot. The services shall be
installed or financially guaranteed prior to final plat approval.
DATED THIS DAY OF , 2008 Resolution #P-08010
_____________________________ ____________________________
Andrew C. Epple, Planning Director JP Pomnichowski, Chair
Department of Planning & Community Development Planning Board City of Bozeman City of Bozeman
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